Priority Date Trademark Search: Understanding the Basics
A complete search you complete before applying for a trademark registration to make sure your trademark is available to register for your particular goods or services, and to make sure that no other trademark conflicts with it.
Trademark Priority: Determining Who Was First
Trademark priority generally belongs to the one who was first to use the mark in commerce. Whoever was first to sell goods or services under a particular mark will typically be deemed the rightful trademark owner. This is known as trademark priority. There are some exceptions to the rule (see below). The most important thing to keep in mind is that the trademark priority date is critical in establishing rights and determining who has the right to use a mark.
What is a Priority Date?
A priority date is a legally recognized date that establishes the order in which immigration petitions, patent applications, or trademark applications are processed and judged. In the context of trademark law, the priority date is the date on which a trademark application was filed, securing rights against subsequent users.
Types of Priority Dates
- Filing Date Priority: The filing date of the trademark application is considered the priority date.
- Use in Commerce Priority: The date on which the mark is first used in commerce is considered the priority date.
